04 Oct Workplace Theft
This recent case illustrates that due process is still required when theft in the workplace has been admitted....
21 Sep Process Process Process
Posted at 11:00h
in disciplinary process, dismissal, employment law, fair procedures, unfair dismissal, workplace investigations
Some useful reminders in this recent case on the absolute necessity to ensure that Terms of Reference are adhered to in workplace investigations, as well as ensuring any right to appeal in a policy is always offered....
11 Aug Dismissal Without Warning @ Dundalk FC. A costly game!
Posted at 10:42h
in disciplinary process, dismissal, employment law, fair procedures, unfair dismissal, workplace investigations
In one of a number of well publicised employment cases involving Dundalk FC, its former Chief Operations Officer, Martin Connolly was awarded almost €17,000 compensation after being dismissed in February 2024 without any warnings, investigation, or disciplinary hearing. ...
01 Jul Disciplinary & Investigation Procedures Part 2
Following on from my last post on the separation of stages within the disciplinary process, another example of how costly it can be not to adhere to fair procedures before dismissing an employee. In this case an award of almost €50,000 after six months paid suspension, during which no investigation or disciplinary hearing took place....
30 Oct Probationary Periods
The mangement of probatioanary periods continues to be problematic for employers, as highlighted in two decsions published this month by the WRC....
25 Jul Unfair Selection For Redundancy
The recent case of Grainne Sherlock v Pluralsight highlights the necessity for clear and transparent criteria to be used in redundancy selection processes, with compensation of €112,000 being awarded despite a genuine redundancy situation existing....
22 Sep Probationary Period Dismissal
The High Court has confirmed that no fault employment dismissals can be implemented without due process, provided the contract of employment provides for it and there are no underlying misconduct issues at hand....
21 Mar Theft at Work & Gross Misconduct
A recent case of A Caretaker versus a Supermarket (ADJ-00033611) dealt with some interesting legal points vis a vis whether reasonable cause was presented for failing to submit the unfair dismissal claim within 6 months, as well as the related issue of proportionality in determining whether the matters under review ultimately did amount to gross misconduct that reasonably justified a summary dismissal and the non-payment of notice....
28 Oct Constructive Dismissal
Two WRC Decisions published this month make useful reading on the necessity for employees to have exhausted internal grievance procedures before resigning, in order to succeed with a constructive dismissal claim. There is also a useful summary of relevant case law in the first decision reviewed....
07 Oct Gross Misconduct
Gross misconduct dismissals have a much higher standard to meet than a standard dismissal to demonstrate that the employment relationship cannot continue with immediate effect and that notice does not need to be paid....